What is the difference between judicial review
and writ?
Answers
Answer:
Judicial review in India -In India, a judicial review is a review of government decisions done by the Supreme Court of India. A court with authority for judicial review may invalidate laws acts and governmental actions which violates the Basic features of Constitution.
Writ - In common law, a writ (Anglo-Saxon gewrit, Latin breve) is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, and subpoenas are common types of writ, but many forms exist and have existed.
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Judicial review is a process under which executive or legislative actions are subject to review / examination by judiciary. The court which has power to judicial review may declare certain laws,Acts, governmenral actions/ decisions which are incompatible with higher authority ,an executive decision may be invalidated for violating the terms of constitution. Judicial review is one of the checks and balances in the separation of powers.
On the other hand writs under articles 32 and 226 different right of writs conferred on people in case the fundamental rights or any statutory rights violated. There are fives writs:
- Habeas Corpus
- Mandamus
- Certiorary
- Prohibition
- Quo warranto.
Anything that is issued under an authority is a writ. Orders, warrants, directions etc. issued under authority are examples of writs. Each of tthe writ has different meaning and different implications. In India, both Supreme Court and High Court have been empowered with Writ Jurisdiction.